Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

The Royal Charter of 1834

The Royal Charter of 1834 took place during the transition phase between Ferdinand VII's absolutist state and the liberal reign of Isabella II (1833–1835). It represented a "third way" between liberalism and absolutism. Rather than a constitution adopted by Parliament, it was a granted charter (Estatuto Real). It functioned practically as a regulation to convene the courts, possessing an advisory character; they could not pass laws, although the Queen could make requests to the courts.

The courts consisted of two chambers:

• Estate of Peers (Próceres): Comprised of the nation's personalities and heroes, appointed by the Queen in unlimited numbers. This was a life-long, hereditary position.
• Estate of Procurators (Procuradores)

Labor Code Fundamentals

1. Definition of Employment Relationship

The employment relationship between employers and workers is governed by this Code and its complementary laws. (Art. 1)

2. Employer Definition

The natural or legal person who uses the intellectual or material services of one or more persons under a labor contract. (Art. 3)

3. Worker Definition

Any natural person performing personal services — intellectual or material — under dependence or subordination, and under a contract. (Art. 3)

Labor Contract Essentials

4. Labor Contract Overview

(Art. 7, 8, 9, 10)

4.1. Types of Labor Contracts

• Individual: Between an employer and an employee.
• Collective: Between employers and one or more worker organizations or associations.

4.2. Key Elements of

Liability of Public Officials

1. Prerequisites for the Position

A preventive control mechanism for rotating administration officials and judges was the selection of who should administer justice.

These people were chosen from the noble and rich, with experience in times of war and conquest, of good character, raised in the Calmecac, prudent and wise, and also the servants at the palace.

A good senator is a righteous judge who hears both sides, weighs the cause of each, gives to each what belongs, and does justice always right. They are not swayed by people and do justice without passion. Thus, we can see that codes of ethics were very real.

2. Remuneration

The king remunerated judges with certain amounts of cash and food, and the right to certain... Continue reading "Accountability of Public Officials in Ancient Mexico" »

The Origins of the Spanish Constitution of 1812

The Spanish Constitution of 1812, also known as La Pepa, was enacted by the Parliament of Spain on March 19, 1812, the day of San José. This timing led to the nickname Pepa given to it by the people of Cádiz.

Officially, it was in effect for two years from its enactment until March 24, 1814, following the return to Spain of Ferdinand VII. It was later in force during the Liberal Triennium (1820–1823). The constitution provided for suffrage, freedom of the press, the abolition of the Inquisition, and included provisions for the distribution of land and freedom of industry, among other reforms.

Resistance and the Central Governing Junta

After the uprising of the people of Madrid against the French... Continue reading "Spanish Constitution of 1812: History and Legacy" »

Repayment Procedures for Subsidies (LSubv)

Beneficiary Obligations (Art. 14 LSubv)

Beneficiaries must adhere to the following requirements:

• Execution: Completion of the subsidized activity.
• Justification: Providing proof of expenditure to the Administration.
• Transparency: Communicating the receipt of other grants or aid.
• Reimbursement: Returning any unused or ineligible amounts.

The LSubv establishes a regulatory framework for validating and stamping expenditure proofs to prevent fraud and improve the efficiency of verification and control procedures.

Invalidity and Reimbursement

The general scheme mandates reimbursement if the concession agreement is deemed invalid. Article 36 of the LSubv (referencing Act 30/92) outlines grounds for invalidity, including... Continue reading "Grant Repayment Procedures and Beneficiary Obligations" »

Understanding Regulations

A regulation is an ordered set of rules or precepts concerning a particular matter. It is characterized by its non-exhaustive compliance, meaning it provides a framework rather than an exhaustive list of actions.

Regulation as an Administrative Act

In legal literature, there is discussion on whether a regulation is an administrative act in the strict sense. Some argue it denotes statutory authority to exercise a legislative power, rather than a purely administrative activity, and can even be considered an act of government. However, the formalities and procedures for promulgating a regulation are often the same as those required for issuing a decision or decree with special effects. Under Chilean law, regulations are... Continue reading "Administrative Acts & Regulations: Core Legal Concepts" »

Legitimate Defense and Force Majeure

2) Legitimate Defense: The right of self-defense is one that a state has to use force to repel aggression against them. Force majeure and fortuitous events: This circumstance also disclaims responsibility for third parties, provided these defenses involve an act of impossibility in any other manner that is not the right counter-example. For instance: the case of military aircraft of a state that are bound by a mechanical or product failure, or bad weather, and were forced to overfly the territory of another state without authorization.

Consent of the Injured State

Consent of the Injured State: This can also change to a circumstance exempting the legitimacy of the act, so the injured state eliminates the wrongfulness... Continue reading "State Responsibility and Reparations in International Law" »

Fundamental Principles of the Civil Code

Article 1: Definition of Law

Article 1. The law is a statement of the sovereign will as expressed in the form prescribed by the Constitution, which commands, forbids, or permits.

Article 2: Custom and Practice

Article 2. Custom does not constitute law except in cases where the law refers to it.

Article 3: Interpretation of the Law

Article 3. It belongs only to the legislature to explain or interpret the law in a generally binding manner. Judicial rulings are binding only on the cases currently being decided.

Article 4: Special Codes and Preferences

Article 4. The provisions contained in the Codes of Commerce, Mining, the Army and Navy, and other special laws shall take preference over this Code.

Article 5: Reporting

Administration and Social Jurisdiction

The Inspection of Labour and Social Security (ITSS) acts as the primary body for controlling labor regulations, with the specific task of conducting company inspections.

Labor Courts and Judicial Hierarchy

• Labor Courts: Resolve conflicts and interpret the law. Social courts serve as the first instance for labor processes with provincial scope.
• Social Rooms of Superior Courts: Handle matters extending beyond provincial jurisdiction within autonomous communities.
• Social Room of the National Audience: Holds national jurisdiction based in Madrid, ranking higher than the autonomous community courts.
• Social Room of the Supreme Court: Based in Madrid with national jurisdiction, it rules on interpretations from lower